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The Lawfare Podcast: Bob Bauer on Trump and the White House Counsel

Amidst the hurricane of news coming out of the White House in recent weeks, one question has surfaced again and again: why isn't White House Counsel Don McGahn stopping Donald Trump from doing all this? This week on the podcast, Benjamin Wittes sat down with Bob Bauer, former White House Counsel for Barack Obama, to talk about the Office of the White House Counsel and how President Trump can and can't be restrained.

The Russia Connection

Counterintelligence Investigations and the Special Counsel’s Mandate: Part I

Most commentators have assumed that the scope of Robert Mueller's investigation will be governed by the 1999 regulation authorizing the appointment of a “Special Counsel” that was enacted in the wake of the lapse of the independent-counsel statute. But the counterintelligence investigation that Rosenstein appears to have intended to delegate to the Special Counsel is inconsistent with the criminal focus of that regulation.

South China Sea

The US Conducts the First South China Sea Freedom of Navigation Operation of the Trump Era, But It Was “Off the Record”

The Trump administration may have authorized its first "freedom of navigation operation" in the South China Sea, but no U.S. government officials will go on the record to provide details.


Rational Security: The "Glowing Orb of Peace" Edition

Donald Trump tours the Middle East and insists peace is within reach. Robert Mueller is tapped as the new special counsel overseeing the Trump-Russia probe. And I talk to to the New York Times. Plus, Tamara is playing dress up with the scotch. Quinta sees a sign of things to come. And I buy a cannon and take out an innocent can of soda.

Donald Trump

Those “Three Separate Occasions”: What Comey Might Really Have Told Trump

Unless Trump is completely delusional, we should probably assume that at least some conversations—maybe even three of them—took place in which Trump sought information about his status with respect to one or more FBI matters and Comey said something in response. The really interesting question is what he might have said.

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